California ADU rules · Santa Clara County

Can I Build an ADU in Los Altos?

Yes — you can build an ADU in Los Altos. California's statewide ADU law requires every city, including Los Altos, to approve a qualifying accessory dwelling unit by right, plus a junior ADU (JADU) on a single-family lot. What varies city to city are the local specifics below.

Figures below reflect Los Altos's adopted ADU ordinance layered on California state law.

Can you build one?

ADUs allowed

CA state law

Yes — by right

ADUs and JADUs are allowed by right in all residential and mixed-use zones; ministerial approval, no hearing.

Cal. Gov. Code § 66317 (ministerial approval, 60-day deadline)

Units on a single-family lot

Local rule

1 attached ADU + 1 detached ADU + 2 JADUs

Allows 2 JADUs per single-family lot, and both 1 attached and 1 detached ADU.

§14.14.050

Units on a multifamily lot

Local rule

conversions (>=1 or 25% of units) + up to 2 detached

Limits detached ADUs on multifamily lots to 2 per lot.

§14.14.050

Junior ADU (JADU)

Local rule

Allowed

JADUs allowed; up to 2 per single-family lot.

§14.14.070

Size & height

Max detached ADU size

Local rule

1,200 sq ft

1,200 sq ft for 2+ bedrooms; 850 sq ft for 1 bedroom. Basement area excluded from calculation.

§14.14.070

Max attached ADU size

Local rule

850 (1 bedroom) or 1,200 (2+ bedrooms), but not more than 50% of primary; attached ADU of 850 sq ft or less cannot be denied

Local code mirrors state but clarifies 850/1,200 sq ft caps by bedroom count.

§14.14.070

Guaranteed minimum size

CA state law

800 sq ft

An 800 sq ft ADU must be allowed regardless of FAR/lot-coverage caps; a city also cannot cap an attached ADU below 850 sq ft (1,000 for 2+ bedrooms).

Cal. Gov. Code § 66321 (size minimums & height)

Max JADU size

Local rule

500 sq ft

500 sq ft max, including any ingress/egress expansion.

§14.14.070

Max height

Local rule

20 ft

20 ft for one-story ADUs; 27 ft for two-story; flag lots 20 ft. State minimums apply if more permissive.

§14.64.090

Setbacks

Side setback

Local rule

4 ft

4 ft minimum side setback for ADUs.

§14.14.060, Footnote 1

Rear setback

Local rule

4 ft

4 ft minimum rear setback for ADUs.

§14.14.060, Footnote 1

Front setback

Local rule

per base zone unless physically precluded; then city must allow ADU elsewhere

Front setback per base zone, but city must allow ADU if no feasible location.

§14.14.060, Footnote 1

Separation from main house

CA state law

None required

No statewide separation requirement between the ADU and the primary dwelling.

Cal. Gov. Code § 66323 (by-right ADU/JADU, 800 sq ft, 4-ft setbacks)

Parking

Parking required

Local rule

Up to 1 space

1 uncovered space required for new detached ADUs unless exempt.

§14.14.100

Transit parking exemption

Local rule

Yes — no parking required near transit & for conversions

No parking required if within 1/2 mile of public transit or other state exemptions.

§14.14.100

Garage-conversion replacement parking

Local rule

Not required

No replacement parking required for garage/carport conversion.

§14.14.100

Approval, timeline & cost

Approval path

CA state law

Ministerial (by right)

No public hearing or discretionary design review for a qualifying ADU.

Cal. Gov. Code § 66317 (ministerial approval, 60-day deadline)

Approval timeline

CA state law

60 days

The agency must act within 60 days of a complete application — and the ADU is deemed approved if it does not.

Cal. Gov. Code § 66317 (ministerial approval, 60-day deadline)

Owner-occupancy

Local rule

Only for a JADU

No owner-occupancy for ADUs; JADUs require owner-occupancy in either JADU or primary.

§14.14.090(M)

Impact-fee waiver

Local rule

Waived under 750 sq ft

ADUs up to 750 sq ft exempt from impact fees.

§14.14.090(D)

Permits required

Local rule

Building permit

Building permit required; must comply with all applicable building codes.

§14.14.090(D)

Los Altos-specific factors that can change the answer

State law sets the floor, but these local conditions often decide whether a specific parcel works.

Historic properties

ADUs on historic properties subject to ministerial review for design compliance with Secretary of Interior’s Standards; no Historic Commission review required.

Fire sprinklers

Sprinklers not required for ADUs unless required for the primary dwelling.

Los Altos allows up to 2 JADUs per single-family lot and limits detached ADUs on multifamily lots to 2 per lot. Historic properties require ministerial design review for ADUs, but no commission hearing.

Frequently asked questions

Can I build an ADU in Los Altos?

Yes. California's statewide ADU law requires Los Altos to approve a qualifying accessory dwelling unit ministerial (by right), plus a junior ADU (JADU) on a single-family lot.

How big can an ADU be in Los Altos?

A detached ADU of at least 1,200 sq ft must be allowed, and an ADU of 800 sq ft can never be zoned out by floor-area or lot-coverage limits. A JADU can be up to 500 sq ft.

What are the setback requirements for an ADU in Los Altos?

Side and rear setbacks are limited to 4 ft. per base zone unless physically precluded; then city must allow ADU elsewhere.

Is parking required for an ADU in Los Altos?

Up to 1 space. No parking can be required within ½ mile of transit, for conversions, or for units inside the primary home. When a garage is converted, replacement parking is not required.

How long does ADU approval take in Los Altos?

A complete application must be acted on within 60 days, with ministerial (by right) — no public hearing or discretionary design review for a qualifying ADU.

Do I have to live on the property to build an ADU in Los Altos?

Owner-occupancy: only for a jadu. ADUs under 750 sq ft are also exempt from impact fees.

Sources

  • Los Altos Municipal Code Chapter 14.14 (Ord. No. 2024-512, effective April 30, 2024)
  • §14.14.050
  • §14.14.070
  • §14.64.090
  • §14.14.060, Footnote 1
  • §14.14.100
  • §14.14.090(M)
  • §14.14.090(D)
  • §14.14.090(J)
  • §14.14.090(B)
  • Cal. Gov. Code §§ 66310–66342 (ADU Law)
  • HCD 2025 Accessory Dwelling Unit Handbook
  • Cal. Gov. Code § 66317 (ministerial approval, 60-day deadline)
  • Cal. Gov. Code § 66321 (size minimums & height)
  • Cal. Gov. Code § 66323 (by-right ADU/JADU, 800 sq ft, 4-ft setbacks)

Last updated April 30, 2024. This is an AI-assisted summary of Los Altos's ADU rules, drawn from its published ordinance and California ADU law — general information, not legal advice, and it may be incomplete or out of date. Verify the controlling rule for your specific parcel with Los Altos Planning before relying on it.

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